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sHB5477 / File No. 390 1
General Assembly File No. 390
February Session, 2026 Substitute House Bill No. 5477
House of Representatives, April 2, 2026
The Committee on Government Oversight reported through
REP. DATHAN of the 142nd Dist., Chairperson of the
Committee on the part of the House, that the substitute bill
ought to pass.
AN ACT CONCERNING THE WELL-BEING OF EMPLOYEES OF THE
DEPARTMENT OF CORRECTION AND PERSONS WHO ARE
INCARCERATED IN CORRECTIONAL INSTITUTIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 18 -81cc of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
(a) As used in this section, "sexual abuse" has the same meaning as 3
provided in 28 CFR 115.6, as amended from time to time. Any agency of 4
the state or any political subdivision of the state that incarcerates or 5
detains adult or juvenile offenders, including persons detained for 6
immigration violations, shall [, within available appropriations, ] adopt 7
and comply with the applicable standards recommended by the 8
National Prison Rape Elimination Commission for the prevention, 9
detection and monitoring of, and response to, sexual abuse in adult 10
prisons and jails, community correctional centers, juvenile facilities and 11
lockups. 12
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(b) Such standards include, but are not limited to: 13
(1) Zero tolerance of sexual abuse or written or verbal threats of 14
sexual abuse; 15
(2) Contracting with other entities for the confinement of inmates or 16
detainees; 17
(3) Inmate or detainee supervision; 18
(4) Heightened protection for vulnerable inmates or detainees; 19
(5) [Limits to cross-gender] Privacy limits on viewing and searches of 20
individuals who have a gender identity that differs from the inmate's 21
assigned sex at birth; 22
(6) Accommodating inmates or detainees with special needs; 23
(7) Hiring and promotion decisions; 24
(8) Assessment, [and] use and implementation of monitoring 25
technology, to ensure there are no areas that are not subject to video 26
surveillance, unless otherwise prohibited by law; 27
(9) Evidence protocol and forensic medical examinations; 28
(10) Agreements with outside public entities and community service 29
providers, including, but not limited to, for purposes of ensuring access 30
to crisis and emotional support services and ongoing mental health 31
support and treatments; 32
(11) Agreements with outside law enforcement agencies for purposes 33
of conducting investigations; 34
(12) Agreements with the prosecuting authority; 35
(13) Employee training; 36
(14) Volunteer and contractor training; 37
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(15) Inmate education; 38
(16) Detainee, inmate, attorney [,] and contractor [and inmate worker] 39
notification of agency's zero-tolerance policy; 40
(17) Specialized training: Investigations and internal administrative 41
investigations; 42
(18) Specialized training: Medical and mental health care , including 43
trauma-informed methods of care for victims of sexual abuse; 44
(19) Screening for risk of victimization and abusiveness; 45
(20) Use of screening information for inmate classification, 46
management and treatment; 47
(21) Inmate or detainee reporting; 48
(22) Exhaustion of administrative remedies; 49
(23) Inmate access to outside confidential support services or legal 50
representation with no interference from the Department of Correction; 51
(24) Third-party reporting; 52
(25) Staff and facility or agency head reporting duties; 53
(26) Reporting to other confinement facilities; 54
(27) Staff first responder duties; 55
(28) Coordinated response; 56
(29) Agency protection against retaliation; 57
(30) Duty to investigate; 58
(31) Duty to intervene; 59
[(31)] (32) Criminal and administrative agency investigations; 60
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[(32)] (33) Evidence standard for administrative investigations; 61
[(33)] (34) Disciplinary sanctions for staff , including, but not limited 62
to, for any delay in investigating; 63
[(34) Disciplinary] (35) Graduated disciplinary sanctions for inmates 64
who are the aggressor for which the agency has substantiated 65
allegations against the inmate who is the aggressor; 66
[(35)] (36) Referrals for prosecution for staff-on-inmate, inmate -on-67
inmate or detainee-on-detainee sexual abuse; 68
[(36)] (37) Medical and mental health screenings: History of sexual 69
abuse, assault, trauma and victimization; 70
[(37)] (38) Access to emergency medical and mental health services; 71
[(38)] (39) Ongoing medical and mental health care for sexual abuse 72
victims and abusers; 73
[(39)] (40) Sexual abuse incident reviews; 74
[(40)] (41) Data collection; 75
[(41)] (42) Data review for corrective action; 76
[(42)] (43) Data storage, publication, and destruction; and 77
[(43)] (44) Audits of standards. 78
(c) The agency head of any agency of the state or the chief elected 79
official or governing legislative body of any political subdivision of the 80
state that incarcerates or detains juvenile offenders shall, annually, not 81
later than January fifteenth, certify its compliance with the provisions of 82
subsections (a) and (b) of this section to the Criminal Justice Policy and 83
Planning Division within the Office of Policy and Management. 84
Sec. 2. (NEW) (Effective July 1, 2026) The Commissioner of Correction 85
shall ensure that all incidents of sexual abuse or sexual assault that 86
occurred within a correctional institution are investigated and such 87
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investigation is completed not later than thirty days after the report is 88
received by any employee or contractor of the Department of 89
Correction. Not later than October 1, 2026, and quarterly thereafter, the 90
Commissioner of Correction shall report, in accordance with the 91
provisions of section 11 -4a of the general statutes, any such incidents 92
that were not reported within thirty days after the incident occurred or 93
where the investigation of such report was not completed within thirty 94
days, to the joint standing committees of the General Assembly having 95
cognizance of matters relating to the judiciary and government 96
oversight. 97
Sec. 3. ( Effective from passage ) On or before July 1, 2026, the 98
Commissioner of Correction shall submit a plan for the training of 99
correctional officers concerning the use of body scanning machines to 100
the joint standing committees of the General Assembly having 101
cognizance of matters relating to the judiciary and government 102
oversight. Any such plan shall ensure that such training is implemented 103
not later than January 1, 2027. 104
Sec. 4. Section 53a -71 of the general statutes is repealed and the 105
following is substituted in lieu thereof (Effective October 1, 2026): 106
(a) A person is guilty of sexual assault in the second degree when 107
such person engages in sexual intercourse with another person and: (1) 108
Such other person is thirteen years of age or older but under sixteen 109
years of age and the actor is more than three years older than such other 110
person; or (2) such other person is impaired because of mental disability 111
or disease to the extent that such other person is unable to consent to 112
such sexual intercourse; or (3) such other person is physically helpless; 113
or (4) such other person is less than eighteen years old and the actor is 114
such person's guardian or otherwise responsible for the general 115
supervision of such person's welfare; or (5) such other person is in 116
custody of law or detained in a hospital or other institution, the actor is 117
employed by or contracted with the hospital or institution or an agency 118
of the state and the actor has supervisory or disciplinary authority over 119
such other person; or (6) the actor is a psychotherapist and such other 120
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person is (A) a patient of the actor and the sexual intercourse occurs 121
during the psychotherapy session, (B) a patient or former patient of the 122
actor and such patient or former patient is emotionally dependent upon 123
the actor, or (C) a patient or former patient of the actor and the sexual 124
intercourse occurs by means of therapeutic deception; or (7) the actor 125
accomplishes the sexual intercourse by means of false representation 126
that the sexual intercourse is for a bona fide medical purpose by a health 127
care professional; or (8) the actor is a school employee and such other 128
person is a student enrolled in a school in which the actor works or a 129
school under the jurisdiction of the local or regional board of education 130
which employs the actor; or (9) the actor is a coach in an athletic activity 131
or a person who provides intensive, ongoing instruction and such other 132
person is a recipient of coaching or instruction from the actor and (A) is 133
a secondary school student and receives such coaching or instruction in 134
a secondary school setting, or (B) is under eighteen years of age; or (10) 135
the actor is twenty years of age or older and stands in a position of 136
power, authority or supervision over such other person by virtue of the 137
actor's professional, legal, occupational or volunteer status and such 138
other person's participation in a program or activity, and such other 139
person is under eighteen years of age; or (11) such other person is placed 140
or receiving services under the direction of the Commissioner of 141
Developmental Services in any public or private facility or program and 142
the actor has supervisory or disciplinary authority over such other 143
person. 144
(b) Sexual assault in the second degree is a class C felony or, if the 145
victim of the offense is under sixteen years of age, a class B felony, and 146
any person found guilty under this section shall be sentenced to a term 147
of imprisonment of which [nine months ] two years of the sentence 148
imposed may not be suspended or reduced by the court. 149
Sec. 5. Section 53a -73a of the general statutes is repealed and the 150
following is substituted in lieu thereof (Effective October 1, 2026): 151
(a) A person is guilty of sexual assault in the fourth degree when: (1) 152
Such person subjects another person to sexual contact who is (A) under 153
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thirteen years of age and the actor is more than two years older than 154
such other person, or (B) thirteen years of age or older but under fifteen 155
years of age and the actor is more than three years older than such other 156
person, or (C) physically helpless, or (D) less than eighteen years old 157
and the actor is such other person's guardian or otherwise responsible 158
for the general supervision of such other person's welfare, or (E) in 159
custody of law or detained in a hospital or other institution, the actor is 160
employed by or contracted with the hospital or institution or an agency 161
of the state and the actor has supervisory or disciplinary authority over 162
such other person; or (2) such person subjects another person to sexual 163
contact without such other person's consent; or (3) such person engages 164
in sexual contact with a dead human body; or (4) such person is a 165
psychotherapist and subjects another person to sexual contact who is 166
(A) a patient of the actor and the sexual contact occurs during the 167
psychotherapy session, or (B) a patient or former patient of the actor and 168
such patient or former patient is emotionally dependent upon the actor, 169
or (C) a patient or former patient of the actor and the sexual contact 170
occurs by means of therapeutic deception; or (5) such person subjects 171
another person to sexual contact and accomplishes the sexual contact by 172
means of false representation that the sexual contact is for a bona fide 173
medical purpose by a health care professional; or (6) such person is a 174
school employee and subjects another person to sexual contact who is a 175
student enrolled in a school in which the actor works or a school under 176
the jurisdiction of the local or regional board of education which 177
employs the actor; or (7) such person is a coach in an athletic activity or 178
a person who provides intensive, ongoing instruction and subjects 179
another person to sexual contact who is a recipient of coaching or 180
instruction from the actor and (A) is a secondary school student and 181
receives such coaching or instruction in a secondary school setting, or 182
(B) is under eighteen years of age; or (8) such person subjects another 183
person to sexual contact and (A) the actor is twenty years of age or older 184
and stands in a position of power, authority or supervision over such 185
other person by virtue of the actor's professional, legal, occupational or 186
volunteer status and such other person's participation in a program or 187
activity, and (B) such other person is under eighteen years of age; or (9) 188
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such person subjects another person to sexual contact who is placed or 189
receiving services under the direction of the Commissioner of 190
Developmental Services in any public or private facility or program and 191
the actor has supervisory or disciplinary authority over such other 192
person. 193
(b) Sexual assault in the fourth degree is a class A misdemeanor or, if 194
the victim of the offense is under sixteen years of age, a class D felony. 195
Sec. 6. (NEW) (Effective July 1, 2026) (a) Not later than January 1, 2027, 196
the Department of Correction shall enter into a contract with a provider 197
to establish and maintain a confidential crisis hotline for correction 198
officers and persons who are incarcerated in a correctional institution to 199
call to report incidents of sexual violence. Not later than October 1, 2026, 200
the department shall issue a request for proposals for purposes of 201
selecting a provider outside of the department for such hotline. The 202
department shall ensure that persons who are incarcerated can access 203
such hotline at no charge, with no time limit, and confidentially without 204
the supervision of, or permission from, any employee of the Department 205
of Correction. 206
(b) Upon establishing such hotline, the department shall inform all 207
existing correction officers of such hotline and thereafter shall inform 208
any correction officers upon hiring of such hotline. The department shall 209
post posters in each correctional institution to inform persons who are 210
incarcerated how to access such hotline. 211
Sec. 7. Section 18 -96a of the general statutes is repealed and the 212
following is substituted in lieu thereof (Effective October 1, 2026): 213
(a) When assessing and subsequently providing mental health 214
services to any inmate confined in a correctional facility of the 215
Department of Correction who has been diagnosed with a mental illness 216
by a psychiatrist licensed pursuant to chapter 370, and such psychiatrist 217
has informed the department that such inmate is currently diagnosed 218
by such psychiatrist to be a danger to himself or herself or others, the 219
department shall consider the diagnosis of such psychiatrist in order to 220
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appropriately assess such inmate and provide individualized, clinically 221
appropriate and culturally competent mental health services to treat 222
such inmate's condition. 223
(b) (1) The Department of Correction, in consultation with the 224
Department of Mental Health and Addiction Services, [may] shall 225
develop a program for custodial staff members to receive not less than 226
[four hours and not more than eight ] ten hours of training on mental 227
health issues each year. Within available appropriations, such training 228
shall include, at a minimum: (A) Prevention of suicide and self -injury; 229
(B) recognition of signs of mental illness; (C) communication skills for 230
interacting with inmates with mental illness; and (D) alternatives to 231
disciplinary action and the use of force when dealing with inmates with 232
mental illness. Such program shall be offered: (i) Commencing on July 233
1, 2009, to all custodial staff members at one or more correctional 234
facilities designated by the Commissioner of Correction; (ii) on and after 235
July 1, 2010, to all custodial staff members at one or more additional 236
correctional facilities designated by the commissioner; and (iii) on and 237
after July 1, 2011, to all custodial staff members at one or more additional 238
correctional facilities designated by the commissioner. On and after 239
January 1, 2027, such program shall also include trauma -informed 240
interventions and practices. 241
(2) On and after [October 1, 2018] January 1, 2027, in addition to the 242
requirements of subdivision (1) of this subsection, all custodial staff 243
members at each correctional facility of the Department of Correction in 244
which female inmates are confined [may, within available 245
appropriations,] shall receive not less than four hours and not more than 246
eight hours of training on gender -specific and trauma -related mental 247
health issues faced by female inmates, including, but not limited to, the 248
effects of sexual violence. 249
(c) Before the planned release of any inmate diagnosed with a mental 250
illness as provided in subsection (a) of this section from a correctional 251
facility, the Department of Correction shall collaborate with the Judicial 252
Department, the Department of Social Services and the Department of 253
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Mental Health and Addiction Services, as deemed necessary and within 254
available appropriations, to assist such inmate in obtaining housing, 255
mental health treatment services, any public benefits for which the 256
inmate is eligible and employment counseling upon the inmate's 257
release. 258
(d) On February first of each year, the Commissioner of Correction 259
shall submit a report to the joint standing committees of the General 260
Assembly having cognizance of matters relating to the judiciary, public 261
health and appropriations and the budgets of state agencies, in 262
accordance with the provisions of section 11 -4a. Such report shall set 263
forth (1) the number of inmates who have been determined to require 264
mental health services during the previous calendar year, and (2) a 265
description of program services provided by the Department of 266
Correction and, if applicable, its contracted health services provider. 267
Sec. 8. Section 18 -81 of the general statutes is repealed and the 268
following is substituted in lieu thereof (Effective October 1, 2026): 269
The Commissioner of Correction shall administer, coordinate and 270
control the operations of the department and shall be responsible for the 271
overall supervision and direction of all institutions, facilities and 272
activities of the department. The commissioner shall establish rules for 273
the administrative practices and custodial and rehabilitative methods of 274
said institutions and facilities in accordance with recognized 275
correctional standards. The commissioner shall establish, develop and 276
maintain noninstitutional, community -based service programs and 277
ensure that advocates from crisis centers from the region where each 278
correctional institution is located have access to persons who are 279
incarcerated to provide such services . The commissioner shall be 280
responsible for the supervision of persons released on parole by the 281
Board of Pardons and Paroles. The commissioner shall be responsible 282
for establishing disciplinary, diagnostic, classification, treatment, 283
vocational and academic education, research and statistics, training and 284
development services and programs throughout the department. 285
Subject to the provisions of chapter 67, the commissioner shall appoint 286
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such professional, technical and other personnel as may be necessary for 287
the efficient operation of the department. The commissioner shall 288
organize and operate interinstitutional programs for the development 289
and training of institution and facility staffs. The commissioner shall 290
provide for the services of such chaplains as are necessary to minister to 291
the needs of the inmates of department institutions and facilities. The 292
commissioner shall, within available appropriations for such purpose, 293
arrange for provision of legal assistance of a civil nature to indigent 294
inmates of department institutions and facilities and legal 295
representation for such inmates before administrative boards where 296
permitted or constitutionally required. 297
Sec. 9. (Effective from passage) The Institute for Municipal and Regional 298
Policy at The University of Connecticut, in consultation with the 299
Criminal Justice Policy and Planning Division within the Office of Policy 300
and Management, shall conduct a staffing assessment study of 301
custodial, program and administrative employees of the Department of 302
Correction and recommend strategies to improve the management and 303
administration of the department and facility operations with a goal of 304
(1) identifying the appropriate staffing ratio relative to the number of 305
correctional institutions and centers and inmates and community 306
correction supervision programs and supervised population, (2) 307
reducing costs related to overtime, incidents of employee injury and the 308
rate of employee absenteeism, (3) improving employee health and job 309
satisfaction, and (4) aligning with correctional best practices. Not later 310
than January 1, 2027, the Institute for Municipal and Regional Policy 311
shall submit a report of its findings and recommendations, in 312
accordance with the provisions of section 11 -4a of the general statutes, 313
to the joint standing committees of the General Assembly having 314
cognizance of matters relating to the judiciary and government 315
oversight. 316
Sec. 10. (NEW) ( Effective from passage ) (a) The Commissioner of 317
Correction shall jointly develop with the Institute of Municipal and 318
Regional Policy at The University of Connecticut a plan to phase in the 319
correctional culture change initiative for all current and new employees. 320
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Such plan shall include, but need not be limited to, the following 321
elements: (1) Streamlining core responsibilities of staff and promoting a 322
supportive work environment to reduce burnout and enhance morale, 323
(2) implementing dynamic security principles to cultivate positive staff-324
to-persons who are incarcerated individual relationships, leading to a 325
reduction in incidents and a safer environment, (3) introducing and 326
managing programs and activities that mirror life outside of prison, 327
improving the overall atmosphere and preparing persons who are 328
incarcerated for reintegration into society, and (4) assessing and 329
supporting the progress of persons who are incarcerated, particularly 330
those with a history of problematic behavior, through targeted 331
interventions and resources. Not later than January 1, 2027, the 332
Department of Correction shall submit a preliminary plan to the joint 333
standing committees of the General Assembly having cognizance of 334
matters relating to the judiciary and government oversight, in 335
accordance with the provisions of section 11-4a of the general statutes. 336
(b) The plan developed pursuant to subsection (a) of this section shall 337
include, but need not be limited to: (1) Training for all new employees 338
at the Department of Correction training academy, (2) in -service 339
training for current and future employees, (3) reduction in the use of 340
lock-down procedures as a management tool, (4) reduction in the rates 341
of employee absenteeism, overtime and injury, (5) policies and 342
procedures for improving outcomes for the Department of Correction 343
employees and persons who are incarcerated, and (6) ongoing process 344
and outcome evaluation and assessment. 345
(c) Not later than January 1, 2028, and annually thereafter until 346
January 1, 2032, the Commissioner of Correction and the Institute for 347
Municipal and Regional Policy shall report on the implementation and 348
outcomes of the correctional culture change initiative to the joint 349
standing committees of the General Assembly having cognizance of 350
matters relating to the judiciary and government oversight, in 351
accordance with the provisions of section 11-4a of the general statutes. 352
Sec. 11. (NEW) (Effective October 1, 2026) (a) As used in this section: 353
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(1) "Person who is incarcerated" means a person in the custody of the 354
Department of Correction and confined in a correctional institution; 355
(2) "C orrectional institution" means a prison or jail under the 356
jurisdiction of the Department of Correction; 357
(3) "Detainee" means a person who is under the age of twenty -one 358
years and detained in a juvenile facility under the jurisdiction of the 359
Department of Correction or the Judicial Branch; 360
(4) "Sexual contact" means any contact with the intimate parts of a 361
person for the purpose of sexual gratification of the actor or for the 362
purpose of degrading or humiliating such person or any contact of the 363
intimate parts of the actor with a person for the purpose of sexual 364
gratification of the actor or for the purpose of degrading or humiliating 365
such person; 366
(5) "Sexual abuse" means any sexual contact between a person who is 367
incarcerated or a detainee and an employee of the Department of 368
Correction, regardless of such person's or detainee's ability to consent; 369
and 370
(6) "Sexual assault" means any act that constitutes a violation of 371
section 53a -70b of the general statutes, revision of 1958, revised to 372
January 1, 2019, or section 53a -70, 53a-70a, 53a-71, as amended by this 373
act, 53a-72a, 53a-72b or 53a-73a of the general statutes, as amended by 374
this act. 375
(b) Any Department of Correction employee who, while acting in 376
such employee's official capacity, witnesses another Department of 377
Correction employee use what the witnessing employee objectively 378
knows to be sexual abuse or sexual assault toward a person who is 379
incarcerated or a detainee shall intervene and attempt to stop such other 380
employee. Any such witnessing employee who fails to intervene and 381
attempt to stop such sexual abuse or sexual assault may be prosecuted 382
and punished for the same acts in accordance with the provisions of 383
section 53a -8 of the general statutes as the employee who sexually 384
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abused or sexually assaulted a person who is incarcerated or a detainee. 385
(c) Any employee who witnesses an incident of sexual abuse or 386
sexual assault described in subsection (b) of this section shall report, as 387
soon as is practicable, such incident to the Department of Correction. 388
Any employee required to report such an incident who fails to do so 389
may be prosecuted and punished in accordance with the provisions of 390
sections 53a -165 to 53a -167, inclusive, of the general statutes. 391
Immediately upon receiving such a report, the Commissioner of 392
Correction shall report such incident to the nearest local law 393
enforcement agency having jurisdiction over the incident. 394
(d) The Department of Correction may not take any retaliatory 395
personnel action or discriminate against such employee who intervenes 396
in an incident of sexual abuse or sexual assault pursuant to subsection 397
(b) of this section or reports such incident pursuant to subsection (c) of 398
this section because such employee made such report and such 399
intervening or reporting correctional employee shall be protected by the 400
provisions of section 4-61dd of the general statutes or section 31-51m of 401
the general statutes, as applicable. 402
(e) The Department of Correction shall create and maintain a record 403
detailing any incident of sexual abuse or sexual assault (1) reported 404
pursuant to subsection (c) of this section, or (2) otherwise made known 405
to the department during which a department employee sexually 406
abused or sexually assaulted a person who is incarcerated or detained. 407
Such record shall include, but not be limited to: The name of the 408
employee, the time and place of the incident, a description of what 409
occurred during the incident and, to the extent known, the names of the 410
victims and witnesses present at such incident, the results of any 411
investigation conducted and any corrective action taken by the 412
department. 413
(f) Not later than February 1, 2027, and annually thereafter, the 414
Department of Correction shall prepare and submit a report concerning 415
incidents described in subsection (e) of this section during the preceding 416
calendar year to the Criminal Justice Policy and Planning Division 417
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within the Office of Policy and Management. Such report shall include 418
the records described in subsection (e) of this section and shall be 419
submitted electronically using a standardized method and form 420
disseminated by the division. The standardized method and form shall 421
allow compilation of statistics on each incident of sexual abuse or sexual 422
assault, including, but not limited to, (1) the race and gender of the 423
alleged victim of the sexual abuse or sexual assault, provided the 424
identification of such characteristics shall be based on the observation 425
and perception of the employee, (2) the number of times such victim was 426
sexually abused or sexually assaulted, and (3) any injury suffered by 427
such alleged victim. The Department of Correction shall, prior to 428
submission of any such report pursuant to this subsection, redact any 429
information from such report that may identify a minor, witness or 430
victim. 431
(g) The Office of Policy and Management shall, within available 432
appropriations, review incidents of sexual abuse or sexual assault 433
reported pursuant to subsection (f) of this section. Not later than 434
December 1, 2027, and annually thereafter, the office shall report, in 435
accordance with the provisions of section 11 -4a of the general statutes, 436
the results of any such review, including any recommendations, to the 437
Governor and the chairpersons and ranking members of the joint 438
standing committees of the General Assembly having cognizance of 439
matters relating to the judiciary and government oversight. 440
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 18-81cc
Sec. 2 July 1, 2026 New section
Sec. 3 from passage New section
Sec. 4 October 1, 2026 53a-71
Sec. 5 October 1, 2026 53a-73a
Sec. 6 July 1, 2026 New section
Sec. 7 October 1, 2026 18-96a
Sec. 8 October 1, 2026 18-81
Sec. 9 from passage New section
Sec. 10 from passage New section
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Sec. 11 October 1, 2026 New section
Statement of Legislative Commissioners:
In Section 10(a), "program" was changed to "plan" for consistency, in
Section 10(b)(3), "procedures" was added for clarity, in Section 10(c),
"Department" was changed to "Commissioner" for consistency, in
Section 11(b), "employee" was changed to "witnessin g employee" and
"attempt to stop" was added for clarity, in Section 11(b) and (e) to (g),
inclusive, references to "sexual contact" were deleted as duplicative of
the definition of "sexual abuse" in said section, and in Section 11(c) to
(e), inclusive, "in cident" was changed to "incident of sexual abuse or
sexual assault" for clarity.
GOS Joint Favorable Subst.
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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Correction, Dept. GF - Cost 12,392,826
to
22,392,826
2,192,826
State Comptroller - Fringe
Benefits1
GF - Cost 719,239 719,239
UConn GF - Cost 100,000 None
Correction, Dept. GF - Potential
Cost
Minimal Minimal
Policy & Mgmt., Off. GF - Potential
Cost
Potential Potential
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill results in the fiscal impacts described below.
Section 1 requires the Department of Correction ( DOC) to ensure ,
with certain limitations, there are no areas in its facilities that are not
subject to video surveillance, which results in a cost to DOC of $ 10.2
million to $20.2 million dollars in FY 27. DOC will need to hire a
consultant to assess each facility's current video technology capabilities
and identify any shortfalls, resulting in a cost of $200,000 in FY 27. The
purchase and install ation of additional cameras in its facilities is
1 The fringe benefit costs for most state employees are budgeted centrally in accounts
administered by the Comptroller. The estimated active hazardous duty employee
fringe benefit cost is 50.54% of payroll in FY 27.
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estimated to cost $10 million to $20 million in FY 27.2
Section 2 requires DOC to ensure that all incidents of sexual abuse or
assault are investigated and completed within thirty days of the report,
resulting in an annual cost of $639,873 to DOC and $308,230 to the State
Comptroller – Fringe Benefits beginning in FY 27. To meet the
investigation timeframe required by the bill, DOC will need to hire five
Correctional Captains and two Correctional Lieu tenants to conduct
these investigations. 3 Additionally, equipment and training costs for
these positions are not expected to exceed $30,000 annually.
Section 4 increases the mandatory sentence for the felony of second-
degree sexual assault, which results in a potential cost to DOC for
incarceration. On average, the marginal cost to the state for incarcerating
an offender for the year is $3,300.4
Section 7 requires DOC to develop a program for custodial staff
members to receive not less than ten hours of training on mental health
issues each year, resulting in a cost of about $ 1,552,953 to DOC and
$411,010 to State Comptroller – Fringe Benefits beginning in FY 27.
An estimated 4,000 DOC custodial staff members will be required to
attend an additional six hours of training annually, resulting in
approximately 24,000 additional hours of overtime. The average hourly
rate for overtime is $52.73, 5 and the estimated fringe benefit rate for
hazardous duty overtime is 21.6%.
To facilitate this training, DOC will need to hire a supervising
clinician, a clinical social worker, and a professional counselor, 6
2 There are 13 active correctional facilities. This estimate assumes that each facility will
require the installation of about 150 to 300 additional cameras, at approximately $5,000
per camera.
3 The annual starting salaries for these positions are $91,775 and $75,499, respectively.
4 Inmate marginal cost is based on increased consumables (e.g., food, clothing, water,
sewage, living supplies, etc.) This does not include a change in staffing costs or utility
expenses because these expenses would only be realized if a unit or facility o pened.
5 Overtime is paid out at time and a half.
6 The annual starting salaries for these positions are $99,806, $86,261, and $86,261,
respectively.
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resulting in an annual cost of $272,328 to DOC and $137,635 to the State
Comptroller – Fringe Benefits beginning in FY 27. Equipment for this
additional training is not expected to exceed $15,000 annually.
Section 9 results in a one-time cost to UConn of $150,000 in FY 27. It
requires the Institute for Municipal and Regional Policy (IMRP) at
UConn to conduct a staffing assessment of DOC employees. As the
IMRP does not have expertise in this area, it is anticipated th e Institute
would need to hire a consultant.
Section 11 results in a potential cost to the Office of Policy and
Management (OPM) to the extent an additional staff member is required
to meet the reporting requirements beginning December 1, 2027. Any
cost is dependent on the number and complexity of incidents re ported
under the bill.
The remaining sections of the bill do not result in a fiscal impact as
the affected agencies have the capacity and expertise to meet the
requirements of these sections.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number of sexual abuse or sexual
assault investigations, the number of second-degree sexual assault
offenses, the number of custodial staff requiring training, and the
number and complexity of incidents reported to OPM.
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OLR Bill Analysis
sHB 5477
AN ACT CONCERNING THE WELL-BEING OF EMPLOYEES OF THE
DEPARTMENT OF CORRECTION AND PERSONS WHO ARE
INCARCERATED IN CORRECTIONAL INSTITUTIONS.
TABLE OF CONTENTS:
SUMMARY
§ 1 — PRISON RAPE ELIMINATION
Requires, rather than authorizes, certain state agencies and political
subdivisions to adopt and comply with the applicable standards
recommended by the National Prison Rape Elimination Commission
and adopts the federal definition of sexual abuse for these purposes
§ 2 — DOC’S INVESTIGATION OF SEXUAL ABUSE AND SEXUAL
ASSAULT
Requires the DOC commissioner to ensure that all sexual abuse or
sexual assault incidents that occur within a correctional institution are
investigated, and to report the investigations to the legislature
quarterly
§ 3 — BODY SCANNING MACHINE TRAINING
Requires the DOC commissioner to report to the legislature on a plan
to train correctional officers on using body scanning machines
§§ 4 & 5 — SECOND- AND FOURTH-DEGREE SEXUAL ASSAULT
Specifies that 2nd and 4th degree sexual assault apply when the actor
is employed by or contracted with the hospital or institution or an
agency of the state, and increases the mandatory minimum sentence
for 2nd degree assault to two years
§ 6 — CONFIDENTIAL CRISIS HOTLINE
Requires DOC to contract with a provider to establish and maintain a
confidential crisis hotline for correction officers and inmates to call to
report sexual violence incidents
§ 7 — CUSTODIAL STAFF MEMBERS TRAINING ON MENTAL
HEALTH ISSUES
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Requires rather than allows DOC, in consultation with the
Department of Mental Health and Addiction Services, to develop a
program for custodial staff members to receive annual training on
mental health issues, and makes it a 10 hour per year minimum
requirement
§ 8 — DOC COMMISSIONER’S DUTIES
Requires the commissioner to ensure that advocates from crisis
centers from the region where each correctional institution is located
have access to provide these non -institutional, community -based
services to inmates
§ 9 — DOC STAFFING ASSESSMENT STUDY
Requires UConn’s Institute for Municipal and Regional Policy
(IMRP), in consultation with CJPPD within OPM, to conduct a
staffing assessment study of DOC’s custodial, program, and
administrative employees
§ 10 — CORRECTIONAL CULTURE CHANGE INITIATIVE
Requires the DOC commissioner to jointly develop with IMRP a plan
to phase in a correctional culture change initiative for all current and
new employees and submit a preliminary report to the legislature by
January 1, 2027
§ 11 — WITNESSING EMPLOYEES
Requires DOC employees who witness another DOC employee
commit sexual abuse or sexual assault to intervene in certain
circumstances; sets incident investigation and reporting
requirements; establishes employer retaliation protections
BACKGROUND
SUMMARY
This bill makes various changes to laws addressing sexual abuse and
sexual assault in prison. A section-by-section analysis is shown below.
EFFECTIVE DATE: October 1, 2026, except the provision s on the (1)
Department of Correction ( DOC) commissioner’s investigation of
sexual abuse and sexual assault and the confidential crisis hotline are
effective July 1, 2026 (§§ 2 & 6); and (2) commissioner’s report on body
scanning machine training, the DOC staff assessment study, and the
correctional culture change initiative are effective upon passage (§§ 3, 9
& 10).
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§ 1 — PRISON RAPE ELIMINATION
Requires, rather than authorizes, certain state agencies and political subdivisions to adopt
and comply with the applicable standards recommended by the National Prison Rape
Elimination Commission and adopts the federal definition of sexual abuse for these
purposes
Current law requires, within available appropriations, any state
agency or political subdivision that incarcerates or detains adult or
juvenile offenders, including detainees with immigration violations, to
adopt and comply with the applicable standards re commended by the
National Prison Rape Elimination Commission to prevent, detect,
monitor, and respon d to sexual abuse in adult prisons and jails,
community correctional centers, juvenile facilities, and lockups. The bill
applies this requirement regardless of available appropriations. It also
specifically adopts the federal definition of “sexual abuse ,” which
includes sexual abuse of an inmate, detainee, or resident by (1) another
inmate, detainee, or resident or (2) a staff member, contractor, or
volunteer.
National Standards Related to Prison Rape Elimination
Current law requires covered agencies to adopt and comply with
certain commission standards. The bill makes changes to how some of
these standards apply. It:
1. expands the zero tolerance of sexual abuse standard to include
written or verbal threats of sexual abuse;
2. adds privacy limits on viewing and searches of inmates who have
a gender identity that differs from their assigned sex at birth;
3. adds vulnerable inmates to the standard for heightened
protection for vulnerable detainees;
4. specifies that the purpose of the monitoring technology standard
is to ensure there are no areas that are not subject to video
surveillance, unless the law otherwise prohibits it , and applies
the standard to implementing these technologies, in addition to
assessing and using them;
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5. specifies that the standard for agreements with outside public
entities and community service providers includes agreements to
ensure access to crisis and emotional support services and
ongoing mental health support and treatments;
6. specifies that the standard for agreements with outside law
enforcement agencies is for the specific purpose of conducting
investigations;
7. adds internal administrative investigations to specialized
investigations training;
8. specifies that specialized training for medical and mental health
care includes trauma -informed care methods for sexual abuse
victims;
9. specifies that the use of screening information is for inmate
classification, management, and treatment;
10. restricts DOC interference with inmate access to outside
confidential support services or legal representation;
11. adds a standard on the duty to intervene;
12. specifies that disciplinary sanctions for staff include sanctions for
any delay in investigating;
13. replaces the standard for disciplinary sanctions for inmates with
a standard for graduated disciplinary sanctions for inmates who
are the aggressor and for which the agency has substantiated
allegations;
14. adds staff -on-inmate and inmate -on-inmate sexual abuse to
current law’s standard on prosecution referrals for detainee-on-
detainee sexual abuse; and
15. adds history of sexual assault, trauma , and victimization to the
standard on medical and mental health screenings, which under
current law only includes sexual abuse.
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Compliance Certification
Under existing law, unchanged by the bill, the head of any state
agency or the chief elected official or governing legislative body of any
of the state’s political subdivision s that incarcerates or detains juvenile
offenders must, annually by January 15, certify compliance with the
above provisions to the Criminal Justice and Policy Planning Division
(CJPPD) within the Office of Policy and Management (OPM).
§ 2 — DOC’S INVESTIGATION OF SEXUAL ABUSE AND SEXUAL
ASSAULT
Requires the DOC commissioner to ensure that all sexual abuse or sexual assault
incidents that occur within a correctional institution are investigated, and to report the
investigations to the legislature quarterly
The bill requires the DOC commissioner to ensure that all sexual
abuse or sexual assault incidents that occur within a correctional
institution are investigated. The investigation must be completed within
30 days after an incident report is received by a D OC employee or
contractor.
Starting by October 1, 2026, the commissioner must report quarterly
to the Government Oversight and Judiciary committees any (1) incident
that was not reported within 30 days after it occurred or (2) investigation
of a report not completed within 30 days.
§ 3 — BODY SCANNING MACHINE TRAINING
Requires the DOC commissioner to report to the legislature on a plan to train correctional
officers on using body scanning machines
By July 1, 2026, the bill requires the DOC commissioner to report to
the Government Oversight and Judiciary committees on a plan to train
correctional officers on using body scanning machines. Under the bill,
the plan must ensure that the training is imple mented by January 1,
2027.
§§ 4 & 5 — SECOND- AND FOURTH-DEGREE SEXUAL ASSAULT
Specifies that 2nd and 4th degree sexual assault apply when the actor is employed by or
contracted with the hospital or institution or an agency of the state, and increases the
mandatory minimum sentence for 2nd degree assault to two years
2nd Degree Sexual Assault
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Under current law, one of the ways in which a person can commit
2nd degree sexual assault is when he or she engages in sexual
intercourse with another person who is in legal custody or detained in
a hospital or other institution and the actor has supervisory or
disciplinary authority over the victim. Under the bill, the actor must also
be employed by or contracted with the hospital or institution or an
agency of the state.
Under current law, 2nd degree sexual assault is a class C felony or, if
the victim is under age 16, a class B felony, with a mandatory minimum
sentence of nine months. The bill increases the mandatory minimum
sentence to two years.
4th Degree Sexual Assault
Under current law, a person is guilty of sexual assault in the 4th
degree when he or she subjects another person to sexual contact who is
in legal custody or detained in a hospital or other institution and the
actor has supervisory or disciplinary authorit y over the victim. Under
the bill, the actor must also be employed by or contracted with the
hospital or institution or an agency of the state.
Under the law, unchanged by the bill, 4th degree sexual assault is a
class A misdemeanor or, if the victim is under age 16, a class D felony.
By law, a class A misdemeanor is punishable by up to 364 days in prison,
a fine up to $2,000, or both. A class D felony is punishable by up to 5
years in prison, a fine up to $5,000, or both.
§ 6 — CONFIDENTIAL CRISIS HOTLINE
Requires DOC to contract with a provider to establish and maintain a confidential crisis
hotline for correction officers and inmates to call to report sexual violence incidents
By January 1, 2027, the bill requires DOC to contract with a provider
to establish and maintain a confidential crisis hotline for correction
officers and inmates to call to report sexual violence incidents. Under
the bill, by October 1, 2026, the department must issue a request for
proposals to select the provider , who must be outside the department.
Inmates must be able to access the hotline confidentially without cost,
time limit, or the supervision of, or permission from, any DOC
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employee.
When the hotline has been established, the department must inform
all existing correction officers and any new officers upon hire of it. The
department must also post posters in each correctional institution to
inform inmates how to access the hotline.
§ 7 — CUSTODIAL STAFF MEMBERS TRAINING ON MENTAL
HEALTH ISSUES
Requires rather than allows DOC, in consultation with the Department of Mental Health
and Addiction Services, to develop a program for custodial staff members to receive
annual training on mental health issues, and makes it a 10 hour per year minimum
requirement
The bill requires, rather than allows as under current law, DOC , in
consultation with the Department of Mental Health and Addiction
Services, to develop a program for custodial staff members to receive
annual training on mental health issues. Under current law, this training
must be from four to eight hours each year. The bill increases this
training requirement to at least 10 hours per year.
Under existing law, within available appropriations, the training
program must include:
1. suicide and self-injury prevention,
2. recognition of signs of mental illness,
3. communication skills for interacting with inmates with mental
illness, and
4. alternatives to disciplinary action and the use of force when
dealing with inmates with mental illness.
The bill expands this by requiring the training program to also
include trauma-informed interventions and practices, starting January
1, 2027.
Current law also establishes a n eight-hour training requirement on
gender specific and trauma-related mental health issues faced by female
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inmates. Starting January 1, 2027, the bill requires, rather than allows,
DOC custodial staff where female inmates are confined to receive this
training and requires it to include the effects of sexual violence.
§ 8 — DOC COMMISSIONER’S DUTIES
Requires the commissioner to ensure that advocates from crisis centers from the region
where each correctional institution is located have access to provide these non -
institutional, community-based services to inmates
Under existing law, one of the commissioner’s duties is to establish,
develop, and maintain non -institutional, community -based service
programs. The bill expands this by requiring the commissioner to
ensure that advocates from crisis centers from the region where each
correctional institution is located have access to provide these services
to inmates.
§ 9 — DOC STAFFING ASSESSMENT STUDY
Requires UConn’s Institute for Municipal and Regional Policy (IMRP), in consultation
with CJPPD within OPM, to conduct a staffing assessment study of DOC’s custodial,
program, and administrative employees
The bill requires IMRP, in consultation with CJPPD within OPM, to
conduct a staffing assessment study of DOC’s custodial, program, and
administrative employees.
Goals
Under the bill, IM RP and CJPPD must recommend strategies to
improve the department’s and facility operations’ management and
administration with the following goals:
1. identifying the appropriate staffing ratio relative to the number
of correctional institutions , centers, inmates, community
correction supervision programs, and supervised population;
2. reducing costs related to overtime, incidents of employee injury,
and the rate of employee absenteeism;
3. improving employee health and job satisfaction; and
4. aligning with correctional best practices.
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Reporting Requirement
The bill requires IMRP to report its findings and recommendations
by January 1, 2027, to the Government Oversight and Judiciary
committees.
§ 10 — CORRECTIONAL CULTURE CHANGE INITIATIVE
Requires the DOC commissioner to jointly develop with IMRP a plan to phase in a
correctional culture change initiative for all current and new employees and submit a
preliminary report to the legislature by January 1, 2027
The bill requires the DOC commissioner to (1) jointly develop with
IMRP a plan to phase in a correctional culture change initiative for all
current and new employees and (2) by January 1, 2027, submit a
preliminary report on it to the Government Oversight and Judiciary
committees.
Plan Elements
The plan must include the following elements:
1. streamlining core responsibilities of staff and promoting a
supportive work environment to reduce burnout and enhance
morale;
2. implementing dynamic security principles to cultivate positive
staff-to-inmate individual relationships, leading to a reduction in
incidents and a safer environment;
3. introducing and managing programs and activities that mirror
life outside of prison, improving the overall atmosphere, and
preparing inmates for reintegration into society; and
4. assessing and supporting the inmates’ progress, particularly
those with a history of problematic behavior, through targeted
interventions and resources.
Phase-In Plan Components
Under the bill, the plan to phase in the initiative must include the
following:
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1. training at the DOC training academy for all new employees;
2. in-service training for current and future employees;
3. reduction in using lock-down procedures as a management tool;
4. reduction in employee absenteeism, overtime, and injury;
5. policies and procedures to improve DOC employees’ and
inmates’ outcomes; and
6. ongoing process and outcome evaluation and assessment.
Reporting Requirements
The bill requires the DOC commissioner and IMRP to report on the
initiative’s implementation and outcomes to the Government Oversight
and Judiciary committees, starting by January 1, 2028, and annually
until January 1, 2032.
§ 11 — WITNESSING EMPLOYEES
Requires DOC employees who witness another DOC employee commit sexual abuse or
sexual assault to intervene in certain circumstances; sets incident investigation and
reporting requirements; establishes employer retaliation protections
Employee’s Duty to Intervene
The bill requires DOC employees who, while acting in their official
capacity, witness another DOC employee use what the witnessing
employee objectively knows to be sexual abuse or sexual assault toward
a person in DOC’s custody and confined in a correction al institution
(“person who is incarcerated”) or a person under age 21 at a DOC or
Judicial Branch juvenile facility (“detainee”) to intervene and attempt to
stop the abuse or assault. Under the bill, a “correctional institution” is a
DOC prison or jail.
The bill also makes any witnessing employee who fails to intervene
and attempt to stop the abuse or assault criminally liable for the acts of
the employee who sexually abused or sexually assaulted the victim.
Sexual Abuse and Contact. Under the bill, “sexual abuse” is any
sexual contact between a person who is incarcerated or a detainee and a
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sHB5477 / File No. 390 30
DOC employee, regardless of the person ’s or detainee ’s ability to
consent. “Sexual contact” is any contact (1) with the intimate parts of
someone for the actor’s sexual gratification or to degrade or humiliate
the person or (2) any contact of the actor’s intimate parts with someone
for the actor’s sexual gratification or to degrade or humiliate the person.
Sexual Assault. Under the bill, “sexual assault ” is any act that
constitutes 1st, 2nd, 3rd, or 4th degree sexual assault, 1st degree
aggravated sexual assault, 3rd degree sexual assault with a firearm , or
sexual assault in a spousal relationship.
Employee’s Incident Report
Under the bill, any employee who witnesses a sexual abuse or sexual
assault incident must report it to DOC as soon as is practicable. Anyone
who is required to report but fails to do so may be prosecuted and
punished for the crime of hindering prosecution. The DOC
commissioner must report this immediately to the nearest local law
enforcement agency that has jurisdiction over the incident.
DOC Retaliation Against Employee Prohibited
The bill prohibits DOC from taking any retaliatory personnel action
or discriminating against an intervening or reporting employee. The
employee must be protected under statutes that protect whistleblowers
and employees who disclose or report certain activ ities of their
employer, as applicable.
DOC’s Record of Incidents
DOC must create and maintain a record detailing any reported sexual
abuse or sexual assault incident or any incident the department knows
about involving a DOC employee sexually abus ing or sexually
assaulting a person who is incarcerated or detained.
The bill requires the record to include: the employee’s name; the time
and place of the incident ; a description of what occurred during the
incident; to the extent known, the names of the victims and witnesses
present at the incident; the results of any investigation ; and any
corrective action taken by the department.
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sHB5477 / File No. 390 31
DOC’s Incident Report to CJPPD
DOC must report to OPM’s CJPPD annually, starting by February 1,
2027, on the above incidents during the preceding calendar year. The
report must include the records described above and be submitted
electronically using a standardized method and form the division must
distribute. Before submitting the report, the bill requires DOC to redact
any information that may identify a minor, witness, or victim.
Standardized Method and Form. The standardized method and
form must allow compilation of statistics on each sexual abuse or sexual
assault incident, including the following:
1. the alleged victim’s race and gender (however, the identification
of these characteristics must be based on the employee ’s
observation and perception);
2. the number of times the victim was sexually abused or sexually
assaulted; and
3. any injury the alleged victim suffered.
OPM’s Incident Review and Report
The bill requires OPM to, within available appropriations, review
sexual abuse or sexual assault incidents reported under the bill. Starting
by December 1, 2027, the office must annually report the results of any
review, including any recommendations, to t he governor and the
Government Oversight and Judiciary committees’ chairpersons and
ranking members.
BACKGROUND
Related Bill
SB 89, favorably reported by the Judiciary Committee, also makes
changes to align state law with the Federal Prison Rape Elimination Act.
COMMITTEE ACTION
Government Oversight Committee
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sHB5477 / File No. 390 32
Joint Favorable Substitute
Yea 11 Nay 1 (03/17/2026)